Voters in Florida will decide on the fate of two high-profile ballot measures on abortion and recreational marijuana, but both appear to be in jeopardy of meeting the 60% threshold required to pass.
Amendment 3 would legalize adults 21 and older to “possess, purchase, or use marijuana products” for recreation, while Amendment 4 claims it would prevent the state from making laws that “prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient’s health, as determined by the patient’s healthcare provider.”
Opponents of the measures argue Amendment 3 would monopolize the marijuana industry in the state and prevent guardrails on where marijuana could be consumed, while they claim Amendment 4 would lead to abortion without any limitations in the Sunshine State.
As the Nov. 5 election on the measures nears, Trulieve, a marijuana company heavily backing Amendment 3, filed a lawsuit against the Florida Republican Party on Wednesday, accusing them of pushing an “intentionally deceptive campaign” against the measure, according to the Miami Herald.
“The GOP knew that the claims in the deceptive mailer and ad were false, intentionally deceptive, and duplicitous but published them anyway in order to trick Florida voters into voting against a ballot initiative that would legalize the recreational use of cannabis in Florida,” the lawsuit said.
Florida Republican Party Chairman Evan Power dismissed the lawsuit to the outlet, telling them it is “funny” how “sensitive about honest TV ads” the major backer of the amendment is.
“The proponents of Amendment 3 are trying to take down these ads that they know are truthful and are working. That is why they are using lawfare to try to silence us, but we will not be deterred in our efforts. If this huge, powerful corporation can’t handle it, then they should go sit at the little kid’s table,” Power told the outlet.
The lawsuit comes just over a month before Election Day and as recent polls for both the abortion and marijuana measures have shown support slipping. Most surveys conducted in the past month show both amendments below the 60% approval needed to go into law.
A Public Policy Polling survey conducted from Sept. 26-27 found that both measures only received 58% support, while a Victory Insights poll conducted from Sept. 22-25 found Amendment 3 only received 54.1% support and Amendment 4 only received 49.7% support.
Amendment 4 has largely polled below the 60% threshold since after the main opposition group, Vote No on 4, launched its campaign combatting the abortion measure in July.
Proponents of the amendment have also faced multiple setbacks in their campaign, with their bid to remove a financial statement they believe was unfavorable having failed in court in August.
The financial statement, which will appear alongside the measure on the ballot, warns voters that if enacted, Amendment 4 would lead to more abortions and fewer births in the state, along with “uncertainty” over whether the new law would lead to state-funded abortions and parental consent laws for minors to receive abortions, among other concerns.
Floridians Protecting Freedom, the main group backing Amendment 4, slammed the statement as “deceptive and politically-motivated” and argued that it would mislead voters on the ballot measure.
Another setback was dealt to proponents on Tuesday, when a Leon County circuit judge declined to block the state’s Agency for Health Care Administration from continuing to operate and promote a website that warns that Amendment 4 would “threaten women’s safety,” among other claims.
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Both measures on the ballot alongside presidential and Senate races in the Sunshine State.
Former President Donald Trump leads Vice President Kamala Harris in the presidential race in Florida, 49%-43%, according to the RealClearPolitics polling average. In the Senate race, Sen. Rick Scott (R-FL) leads Democrat Debbie Mucarsel-Powell in the RealClearPolitics polling average, 46.3%-42%.